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This appeal concerns healthcare liability. Carl Short (“Plaintiff”), widower of Allison
Short (“Decedent”), filed suit in the Circuit Court for Knox County (“the Trial Court”)
alleging negligence in his late wife’s medical treatment against a number of physicians
(“Physician Defendants”) and Turkey Creek Medical Center (“the Hospital”)
(“Defendants,” collectively). Defendants moved to dismiss on the basis of
noncompliance with Tenn. Code Ann. § 29-26-121(a)(2)(E), which requires that pre-suit
notice include a HIPAA compliant medical authorization allowing the healthcare
provider receiving the notice to obtain complete medical records from every other
provider that is sent a notice.1
Plaintiff’s authorizations allowed each provider to disclose
complete medical records to each named provider although it did not state specifically
that each provider could request records from the other. The Trial Court held that
Plaintiff’s authorizations failed to substantially comply with the statute’s requirements
because of this failure to explicitly allow each provider to obtain records. Plaintiff
appeals. We hold that Plaintiff’s method of permitting Defendants access to Decedent’s
medical records substantially complied with Tenn. Code Ann. § 29-26-121(a)(2)(E). We
reverse the judgment of the Trial Court.